Appellate Opinions by Justice Bill Boyce
(Tex.App.- Houston [14th Dist.] 2008)
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HOUSTON JUSTICES
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

Houston Courts & Cases Blog  
BOYCE SURVIVES  CONTESTED RACE IN 2008
GENERAL ELECTIONS, KEEPS PLACE 6
APPELLATE BENCH, TO WHICH HE WAS
APPOINTED BY THE GOVERNOR.
2008 JUDICIAL ELECTION CONTEST
Republican Appointee Bill Boyce
Democratic Opponent in 2008 elections
for this bench:
Mary M. Markantonis
Boyce won by a narrow margin

INFO ABOUT JUSTICE BILL BOYCE
AND WEB LINKS
Boyce was appointed to a vacant seat (Place 6)
on the 14th Court of Appeals by Gov. Rick Perry
after the previous incumbent,
Justice Edelman,
resigned. See
Gov's press release

ALIASES:  

William J. Boyce, Bill Boyce

PROFILE | RESUME | CV | VITAE

Justice William J. Boyce's Official Profile
Attorney Boyce's SBOT Profile
Campaign website

BRIEFING ATTORNEY

Anthony Coveny   

JUSTICE BOYCE NEWS

[Justice Boyce news items coming soon]

HOW DID JUSTICE BOYCE GET ON THE
COURT?

Appointed to vacant seat (Place 6) on the 14th
Court of Appeals by Governor Rick Perry after
Justice Richard Edelman resigned late in 2007.
Must win in 2008 general election to keep stay on
the appellate bench. See
campaign web site
Democratic challenger: Mary M. Markantonis
See 2008 Democratic judicial candidates

BACKGROUND
Law firm: Partner, Fulbright & Jaworski L.L.P.
Civil Appellate Law Specialist (board-certified)
Bar Admission: 1989
Law School: Northwestern University
Undergraduate Degree: Northwestern University
Justice Bill Boyce - Official photo from court's web site

Links to 2008 Opinions in Civil Appeals
by Justice William J. Boyce
Also see --> 2009 Opinions by Bill Boyce

Barber v. Bison Building Materials (Tex.App.- Houston [14th Dist.] Nov.  4, 2008)(Boyce)
(
one-vehicle truck accident PI negligence suit by driver against employer,
admission of evidence, witness credibility, impeachment)
AFFIRMED: Opinion by Justice Boyce  
Before Justices Brock Yates, Seymore and Boyce
14-07-00566-CV  Marcus Barber v. Bison Building Materials, Ltd.
Appeal from 334th District Court of Harris County
Trial Court
Judge: Sharon McCally

Rava Square Homeowners Ass'n v. Swan (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Boyce)
(
DWOP reversed, motion to reinstate, default judgment) REVERSED AND REMANDED: Opinion by Justice Boyce  
Before Justices Brock Yates, Seymore and Boyce
14-07-00521-CV        Rava Square Homeowners Association v. Kevin J. Swan
Appeal from 80th District Court of Harris County
Trial Court
Judge: Lynn M. Bradshaw-Hull

Whitmire v. Lilly (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Boyce)(nunc pro tunc, NPT, void order vacated)
REVERSED AND RENDERED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Brown and Boyce
14-07-00993-CV    R.O. Whitmire v. Oran A. Lilly, Jr
Appeal from 155th District Court of Waller County
Trial Court Judge:  Hon. Dan R. Beck

Texas Supreme Court Aspirations? In a demonstration that the result justifies departing from
previous precedents, Boyce
lets debt collector who could not prove up the credit card agreement win in
quantum meruit while acknowledging the longstanding principle that quantum meruit is not available
where the parties' relationship is based on a contract; - also holds by implication that equitable
common- law remedy is subject to sale and  assignment and that statutory attorney's fees can be
recoverd based on
quantum meruit claims.
McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Boyce) (judgment for assignee of card
issuer in credit card debt suit affirmed, contract vs quantum meruit, attorney's fees, business records affidavit)
AFFIRMED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Anderson and Boyce)
14-07-00661-CV  Peggy S. McElroy v. Unifund CCR
Partners Assignee of America Online - Platinum
Appeal from County Civil Court at Law No 4 of Harris County | Trial Court Judge:
Roberta Anne Lloyd  

Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, PC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Boyce)
(attorney-client fee dispute, contingency fee agreement)
AFFIRMED: Opinion by Justice Boyce   
Before Justices Hudson, Fowler and Boyce)
14-07-00343-CV        Anglo-Dutch Petroleum International, Inc. and Anglo-Dutch (TENGE) L.L.C. v. Greenberg Peden,
P.C. and Gerard J. Swonke Appeal from 61st District Court of Harris County
Trial Court
Judge: John J. Donovan

The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce)
(
City of Houston litigation, immunity to contract claim waived by statute)
AFFIRMED: Opinion by Justice Boyce  
Before Justices Brock Yates, Guzman and Boyce
14-07-00752-CV The City of Houston v. Petroleum Traders Corporation
Appeal from 151st District Court of Harris County
Trial Court
Judge: Caroliine Elizabeth Baker

Grimes County Bail bond Bd. v. Ellen (Tex.App. - Houston [14th Dist.] July 22, 2008)(Boyce)
(license suspension, revocation, reinstatement)
REVERSED AND REMANDED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Brown and Boyce
14-06-00906-CV        Grimes County Bail Bond Board v. Sonny Ellen D/B/A Sonny Ellen Bail Bonds
Appeal from 12th District Court of Grimes County
Trial Court Judge:  William L. McAdams    

Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence,
negligent entrustment, accident with car being purchased)
AFFIRMED: Opinion by Justice Brown  
Before Justices Brock Yates, Anderson and Brown
14-07-00314-CV        Robert D. Trull & Jackie Trull v. Service Casualty Insurance Company and Service Lloyds
Insurance Company
Appeal from 165th District Court of Harris County
Trial Court Judge:
Judge Elizabeth Ray

Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (legal malpractice vs. breach of fiduciary duty,
BoFD, claim fracturing, continuance)
AFFIRMED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Hudson and Boyce14-07-00619-CV Scott Duerr and Kimberly Duerr v. Ron
Brown, Aaron Dickey, Brown & Crouppen, P.C., George Fleming, Andres Pereira, and Fleming & Associates, L.L.P.
Appeal from 334th District Court of Harris County
Trial Court
Judge: Sharon McCally

City's Governmental immunity waived for some claims, but not for others
City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce)
(city's immunity claim, waived for breach of contract by statute, City of Houston lawsuits Tooke progeny)
AFFIRMED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00752-CV The City of Houston v. Petroleum Traders Corporation
Appeal from 151st District Court of Harris County
Trial Court
Judge: Caroline Elizabeth Baker

Gerald W. Maness v. Spaw Maxwell Group, LLC (Tex.App.- Houston [14th Dist.] June 24, 2008) (Boyce) (breach of
contract, third-party beneficiary, fraud, negligent misrepresentation)
AFFIRMED: Opinion by Justice Boyce  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-00751-CV Gerald W. Maness v. Spaw Maxwell Group, LLC
Appeal from 190th District Court of Harris County
Trial Court
Judge: Jennifer Elrod Walker  

Chacko v. Mathew (Tex.App.- Houston [14th Dist.] June 12, 2008)(Boyce) (disputed oral partnership agreement)
REVERSED AND REMANDED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00613-CV Sheela Chacko, Individually, as Administratrix of The Estate of James Chacko, Deceased, And As Next
Friend of Joshua & Christopher Chacko Minor Children v. Abraham P. Mathew, Susan Abraham, Suvisangam
Investment Inc., D/B/A Shiva Indian Resturant & Saranam Investment, II--Appeal from 240th District Court of Fort Bend
County
Trial Court Judge: Thomas Ralph Culver

Arbitration Mandamus granted
In Re: MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] May 29, 2008)(Op. on rehearing by Boyce) (arbitration
compelled by mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, LTD.
Appeal from 11th District Court of Harris County
Trial Court
Judge: Mark Davidson

Party seeking arbitration failed to prove existence of agreement to arbitrate
In Re Universal Finances Consulting Group, Inc. (Tex.App.- Houston [14th Dist.] May 20, 2008)(Boyce) (arbitration
mandamus, motion to compel) MOTION OR WRIT DENIED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Hudson and Boyce
14-08-00226-CV In Re Universal Finances Consulting Group,
Inc., Zhuodao Zhoa, John J. Dunn, and Universal Med-Health Services, Inc.
Appeal from 280th District Court of Harris County
Trial Court
Judge: Hon. Tony Lindsay

Bench warrant denied
Baugh v. Baugh (Tex.App.- Houston [14th Dist.] May 16, 2008)(Boyce)
(divorce, bench warrant denied to imprisoned spouse, denial of counsel)
AFFIRMED: Opinion by Justice Boyce    
14-07-00391-CV Curtis Lee Baugh v. Bertha L. Baugh
Appeal from 312th District Court of Harris County
Trial Court Judge: Brent L. Burg  

Arbitration Ordered
In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(first, superseded opinion by Justice Bill Boyce)
MOTION OR WRIT GRANTED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, LTD.
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson

Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition)
REVERSED AND REMANDED: Opinion by Justice Boyce
14-06-01146-CV Mark Rorie v. Harris County
Appeal from Co Civil Ct at Law No 2 of Harris County
Trial Court Judge:
Judge Gary Michael Block

Beauty Elite Group, Inc. v. Palchick (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Opinion by Justice Boyce)
(
employment law, oral contract, breach of contract, unfair competition, attorney's fees)
AFFIRMED: Opinion by Justice Boyce
14-07-00058-CV Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami v. Irwin Palchick
Appeal from 164th District Court of Harris County
Trial court judge:
Martha Hill Jamison

Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition)
REVERSED AND REMANDED: Opinion by Justice Boyce
14-06-01146-CV Mark Rorie v. Harris County
Appeal from Co Civil Ct at Law No 2 of Harris County
Trial Court Judge:
Judge Gary Michael Block

Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce)(HCLC, MedMal, sufficiency of expert report)
AFFIRMED: Opinion by Justice Boyce
14-07-00784-CV Patricia D. Salvato, M.D. and Diversified Medical Practices, PA v. Faustina Angelo, Individually and as
Representative of the Estate of Arthur Leon Angelo, Jr., Deceased, Lucas Angelo, Sofia Angelo, Arthur Angelo, Sr. and
Connie Angelo
Appeal from 281st District Court of Harris County
Trial Court Judge:
Hon. David J. Bernal

Justice Boyce's first civil case opinion issued Beauty Elite Group, Inc. v. Palchick (Tex.App.- Houston
[14th Dist.] Mar. 18, 2008)(Justice Boyce)
(
employment law, oral contract, breach of contract, unfair competition, attorney's fees)
AFFIRMED: Opinion by Justice Boyce
14-07-00058-CV Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami v. Irwin Palchick
Appeal from 164th District Court of Harris County
Trial court judge:
Martha Hill Jamison
Appellants Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami (collectively "Shami") appeal a judgment in favor of
Irwin Palchick on grounds that the trial court erred in (1) denying Shami relief on claims for trademark infringement and
unfair competition; (2) awarding attorney's fees to Palchick when Palchick pleaded and proved presentment of an
amount exceeding the amount actually recovered on his contract claim; and (3) denying Shami recovery of attorney's
fees under the Lanham Act.  We affirm.
Justice Bill Boyce - Official photo from court's web site